Bonum Certa Men Certa

How Software Patents Impede Standards and GNU/Linux Development

ISO in moneyLatest evidence from the news

THERE IS NOTHING MORE compelling than fresh examples which demonstrate the severity of the issues, so here are some reports and opinions that emerged this morning.



Patents Can't Mix with Standards



In a free society, standards and patents mix as well as water and sand. They just don't. We stressed this point last week and one new discussion from India re-highlights the threat of software patents to many different aspects of life.

Report on Free Software Free Society, 2008.



[...]

But this revolution is being threatened by monopolists who wish to control the generation and dissemination of knowledge. Venkatesh Hariharan, Eben, Mishi and Marco gave presentations on the current state of that stupid idea called software patents.


Glyn Moody says more on the same subject, with emphasis on so-called standards (which only the wealthy are permitted to support and comply with).

For if anything other than royalty-free terms are adopted, open source is effectively locked out – something that Microsoft knows full well, which is why it has pushed for “Reasonable and non-discriminatory licensing” (RAND). At first sight, this appears fair enough – after all, if it is non-discriminatory, what's not to like?

But the point is that it is not possible for free software programs to support even nominal licensing fees, since the unlimited, unchecked distribution of code makes it impossible to monitor how much should be paid.


We wrote about this subject many times before [1, 2, 3, 4, 5, 6] and Rambus is a good example of the problems involved [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17]. Andy Updegrove, who is personally involved with that case, has got some new things to say about it.

This has made its stockholders particularly partisan, as its stock has risen and fallen in synchrony with its fortunes in court, and its detractors particularly irate, because they view Rambus not only as a patent troll, but also as one that has gamed the standards development process during the creation of a universally adopted SDRAM memory standard. Hundreds of millions, and perhaps billions, of dollars of royalties are at stake.


Software Patents Can't Mix with Freedom



Apple's software patents definitely harm GNU/Linux [1, 2] and it turns out that a GPL violator known as VMware is doing the same thing. This might not be deliberate, but it's having the same effect. Despite the fact that VMware is a fairly new member of the Linux Foundation, this offers no peace of mind. VMware is now led by a Microsoft lackey [1, 2, 3, 4, 5, 6], who fought Microsoft's rivals in all sort of nasty ways.

Here is the seminal analysis of the latest problem, which has just become visible to non-subscribers of LWN.

On the kernel page a few weeks ago, we took a look at KSM, a technique to reduce memory usage by sharing identical pages. Currently proposed for inclusion in the mainline kernel, KSM implements a potentially useful—but not particularly new—mechanism. Unfortunately, before it can be examined on its technical merits, it may run afoul of what is essentially a political problem: software patents.


Heise gives the shorter and simpler version of this story.

A report from LWN.net suggests that there may be a patent problem with KSM, a memory management technology that is a candidate for inclusion in a future version of Linux. KSM attempts to extend the idea of sharing memory pages between processes from just managing shared libraries, to any identical memory pages, such as running multiple copies of the same program, or virtualised guest operating systems.


The threat affects KVM, which is now owned by Red Hat, the largest contributor to Linux. Quoting from the above, "The folks behind the KSM project are some of the kvm hackers from Qumranet—which is now part of Red Hat."

Well, Red Hat has already expressed its support for the Linux Defender project, which it also helps fund. From Red Hat Magazine:

“The idea is to create a defensive patent shield or no-fly zone around Linux,” says Keith Bergelt, the chief executive officer of Open Invention Network, the consortium launching the site. The core members of that group, formed in 2005, are IBM, NEC, Novell NOVL, Philips, Red Hat RHT and Sony.


We previously wrote about this initiative in [1, 2, 3, 4]. More could be done to topple the broken system rather than abide by and obey its rules.

"Fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria."

--Richard Stallman

Comments

Recent Techrights' Posts

Microsoft XBox Layoffs: Almost 2,000 Layoffs Became "Over 2,000"? (Over 20% of the Staff)
over 20% of staff will be let go, not counting staff that leaves voluntarily
Summer Plans in Techrights and Elsewhere
massive layoffs at Microsoft
 
EPO Presentation Bemoans Misuse of Slop in Decision-Making on Patents and in Classification (Which is Likely Illegal Too)
We habitually mention failed use cases of LLMs on the Web
Mass Layoffs at Microsoft Confirmed, "XBox Hardware Is Dead"
It's possible that over 20% of the staff will be laid off
Links 30/06/2025: Kyrgyzstan vs Media Freedom, Dalai Lama Succession
Links for the day
Gemini Links 30/06/2025: Backend Programs in Gemini and Dynamic Content Without The Scripting
Links for the day
Links 30/06/2025: Zuckerberg’s Tax-Evading Scheme Harms Kids, US Copyright Office Lacks Leadership
Links for the day
Microsoft Isn't Laying Off Tens of Thousands to 'Invest' in Slop ('Hey Hi'), It's Laying Off Tens of Thousands Because It's Running Out of Money (and Willing Lenders)
the layoffs are a sign of the business failing, not "hey hi" (whatever that is) replacing staff
Intel Lays Off 20% of Its Workforce, Microsoft is Doing the Same This Year
Like a yoyo, whatever goes up will come back down
GNU/Linux Rises to New Highs in Angola, Africa in General is Abandoning Windows
Western media barely covers Microsoft layoffs in Africa, but in recent years Microsoft culled the workforce and even shut down entire operations
Destination Geminispace (in the Age of LLM Slop and Slop Images That Infest the Web and Social Control Media)
Geminispace isn't vast, but at least it is - on average - a lot "cleaner"
GNU/Linux Growing in Sierra Leone This Year
Based on what statCounter is seeing, this year there are more and more people there who adopt GNU/Linux
Serial Sloppers Gonna Slop
More sites out there ought to call out the cheaters
Quartz (qz.com) is Spam and a Slopfarm
It used to be OK. Then they fired the staff.
Links 30/06/2025: US Economic Woes, Extreme Heat
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 29, 2025
IRC logs for Sunday, June 29, 2025
Gemini Links 30/06/2025: "The AI Hype" and New AuraGem Ask
Links for the day
Our Desktops Are Not Your Experiments, X is Not an Experiment
Breaking what already worked
Microsoft's Big Lies Regarding This Week's Mass Layoffs Have Already Begun (and They're Already Being Spread by Slopfarms)
Microsoft is the "market leader" in slop
Explaining the Full Story of SLAPPs From Microsoft Staff
For every action there is a reaction, for every attack there will be proportionate consequences
The Openwashing Shills Initiative (OSI) - Part III: IRS and Status of OSI
"They lied to the US IRS and there’s a paper trail"
IBM Red Hat's Dogmatic Fanaticism Under a Thin Veil of "Modernism"
IBM now has the audacity to paint people who don't agree as "nazis"
Microsoft's Share in Guatemala Fell From 97% to 14%
Eventually Microsoft will get stuck in a loop of layoffs, layoffs, and more layoffs
They Made Technology Scary and Taught Us That It's Innocent, Friendly, Even "Social"
Rejection of all this "apps" and "gadgets" and "Smart" (whatever that means!) status quo isn't a rejection of society
The Media is Under Attacks Partly Because There's Little Other (Remaining) Press to Speak in Its Defence
The biggest danger here is that when there's very little press or no "opposition media" left it becomes even easier to crush critics because there aren't many people left to speak about the matter
If Your Web Site is Run by Bots, Eventually Nobody Will 'Read' It Except Bots (People Don't Want to Read Slop)
Eventually people learn from mistakes
Links 29/06/2025: Microsoft Releases False/Fake Benchmarks, "Google Wants You to Watch Ads or Take Surveys to Read Articles"
Links for the day
Links 29/06/2025: Data Breaches and Online Censorship
Links for the day
Gemini Links 29/06/2025: "The Price Of Eggs" and Gemini 3D Tic Tac Toe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 28, 2025
IRC logs for Saturday, June 28, 2025
The "News" You Saw About Canonical is Misleading, It Made Only 18 Million Dollars Last Year and Barely Paid Any Taxes
Lies are the norm these days...
Pushing Wayland Using Straw Man Arguments
phoronix.com has long promoted the talking point of "Wayland people" (for at least a decade already)
Australia: Windows Fell to All-Time Low, Even Lower Than iOS
There's a good reason why next week there will be so many Microsoft layoffs
Slopwatch: Linuxsecurity, WebProNews, and Google News Boosting Slopfarms as 'News'
People who don't recognise the slopfarms and don't know which sites are fake would struggle to understand what's really going on
Links 28/06/2025: Hardware/GPU Wars, GAFAM Throws Money (Borrowed Cash) at Hopeless Slop Pipe Dream
Links for the day
Gemini Links 28/06/2025: Shellshock and Network UPS Tools
Links for the day
Links 28/06/2025: The Age of Integrity and FreeBSD Foundation Added John Baldwin as Board Member
Links for the day
Fedora 44
IBM now does to Fedora what it did to RHEL
Microsoft Already Shaved Off Costs Anywhere It Could. It Was Not Enough.
Office and Windows aren't "selling" (licences) like they used to
Scheduled Maintenance Next Week
Our community is alive and well
BetaNews: We're Publishing LLM Slop About LLM Slop
Beta version of a slopfarm?
3-Month Updates on Our Complaint to the Solicitors Regulation Authority (SRA)
In short, the complaint remains open, updated, and is advancing
IBM Red States Hat (Project 2025): Our "New Thing" Replaces This "Old Thing"
The new replaces the old. That's how IBM frames it.
Start X
Just because something is old does not mean it is bad
Slopwatch: Linuxsecurity, Google News Slopfarms, and Linux Journal (LJ)
Today we take a quick look at 3 slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 27, 2025
IRC logs for Friday, June 27, 2025
Links 28/06/2025: "CC Signals" Virtue-Signals to Slop Ponzi Schemes, North Korea Aims for Tourism
Links for the day